Vasant vs State of Maharashtra CRA 267/04 05/08/22 

[ BOMBAY HIGH COURT ]

_*• Section 401 CRPC Sections 498A, 304B and 306 read with 34 IPC Order of acquittal under challenged Dowry death, cruelty and abetment of suicide Dying declaration In dying declaration, deceased stated that the she committed suicide, as she was unable to bear pains in stomach and no one was responsible for her death Dying declaration was not recorded by observing all parameters Placing reliance on it on preponderance of probabilities in favour of the accused persons is not at all justified Deceased sustained 97% burns in her matrimonial house when all accused persons were present in the house Burn injuries were sustained within a period of three years from her marriage Prior to the said incident, there are allegations by the parents that she was subjected to illtreatment and demand of dowry Therefore, rejecting such contention of assumptions and conjectures as well as on flimsy ground, is not at all justified Learned Sessions Judge completely ignored settled propositions of law with regard to dowry death, appreciation of evidence in connection with demand wherein normally there is no independent witness and with regard to dying declaration which appears to be not genuine – Thus, acquitting all accused persons on these grounds is a miscarriage of justice – Revision allowed.

20.The matter in hand clearly goes to show that such dying declaration was not recorded by observing all parameters and therefore even placing reliance on it on preponderance of probabilities in favour of the accused persons is not at all justified.
21. Admittedly, deceased sustained 97% burns in her matrimonial house when all accused persons were present in the house. Such burn injuries were sustained within a period of three years from her marriage. Prior to the said incident, there are allegations by the parents that she was subjected to ill-treatment and demand of dowry. Therefore, rejecting such contention of assumptions and conjecturesas well as on flimsy ground, is not at all justified.
22. This is a fit case for exercising jurisdiction under Section 401 of Cr.P.C. as it is found that learned Sessions Judge completely ignored settled propositions of law with regard to dowry death, appreciation of evidence in connection with demand wherein normally there is no independent witness and thirdly, with regard to dying declaration which appears to be not genuine. Thus, acquitting all accused persons on these grounds is a miscarriage of justice. Deceased and her parents suffered at the behest of said judgment and therefore, interference is necessary.

 

(Adv Saba Hasan)All Rights Reserved

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Vasant vs state of Maharashtra & ors judgment of Mumbai High Court